Fundamental Rights (Part 3)
Article 12
Article 12 of the Indian Constitution deals with the definition of “State”
1.State includes: –
The Government and Parliament of India
Executive -President, Prime Minister and Council of Ministers
Legislature – Lok Sabha, Rajya Sabha
2.The State Government and Legislature of each state
Governor, Chief Minister, Council of Ministers
State Legislative Assembly and Council
3. All local authorities
Authorities legally entitled to administer local areas- Municipal Corporations, Municipalities, Panchayats, Zila Parishad and improvement etc
4. All other Authorities within territory of India or under the control of the Government of India
Widest and most important part of Article 12
Statutory bodies, Government controlled or government financed bodies, PSUs (LIC, ONGC, BHEL Airport Authority of India, Electricity Board.
Importance: –
- Widens the scope of Fundamental Rights.
- Anybody falling under State must not violate Fundamental Rights.
- Citizens can move to courts under Article 32 and 226 against such authorities’ violations.
Important Cases
- Rajasthan Electricity Board v. Mohan Lal 1967 – Electricity board held to be “state”
- Sukhdev Singh v. Bhagatram 1975 – ONGC, LIC and IFC held to be “state”
- D. Shetty v. International Airport Authority 1979.
- Ajay Hasia v. Khalid Mujib 1981 – society registered under law can be “state”
What is not State?
- Private individual
- Private Companies (unless not controlled by government)